Spruill v. Davenport
Supreme Court of North Carolina
Civil action, tried before Devin, J., and a jury, at July Term, 1919, of 'WASHINGTON. The plaintiff sued for damages, alleging tbat she had been employed as a' teacher in Cherry School District, and that after she had served for less than a month she was dismissed by the defendants, members of the schoql committee. She asks judgment for $360, her salary for the full term of nine months, at $40 per nionth.
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Civil action, tried before Devin, J., and a jury, at July Term, 1919, of 'WASHINGTON. The plaintiff sued for damages, alleging tbat she had been employed as a' teacher in Cherry School District, and that after she had served for less than a month she was dismissed by the defendants, members of the schoql committee. She asks judgment for $360, her salary for the full term of nine months, at $40 per nionth. It being discovered that the complaint stated no cause of action, there being no allegation of fraud or malice, the plaintiff, by leave of the court, amended her pleadings, and further…
1Opinion of the CourtWaleer, J.
Tbe first issue was not in proper form. A public officer is not personally liable in damages for an act done in tbe line of bis duty. Robinson v. Howard, 84 N. C., 152. There it was held that a sebool committeeman was not liable personally on a contract by which be employed a teacher, and that tbe remedy was by mandamus to compel tbe payment-of tbe money by the proper officer in tbe way provided by law. If, though tbe act is wrongful and malicious, an action will lie against tbe officer'in bis' personal capacity to recover damages for tbe wrong committed by him. “It is a principle well…
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